Liam's Reviews > Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court

Packing the Court by James MacGregor Burns

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May 18, 11


"'If you have no doubt of your premises or your power and want a certain result with all your heart you naturally express your wishes in law and sweep away all opposition. But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas == that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution.'" (quoting Oliver Wendell Homes dissenting in Abrams, 130)

"'Even if he were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance? We can't have all Brendeises and Frankfurters and Cardozos and stuff like that there.'" (quoting Roman Hruska on G. Harrold Carswell's nomination, 204)

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